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10:52 am
Sat October 16, 2010

Trooper Resentenced

Lawton, OK – Resentencing set for man who killed Okla. trooper

LAWTON, Okla. (AP) A Comanche County judge will hear testimony next week in the resentencing trial of a former firefighter who was convicted of first-degree murder in the 2003 death of an Oklahoma Highway Patrol trooper.

Jurors were scheduled to hear the case this week, but the Lawton Constitution says District Judge Gerald Neuwirth informed them they wouldn't hear testimony in the proceeding. Court records show a non-jury trial is set for Monday.

Neither the District Attorney's office nor Malone's attorneys returned calls Friday about why the change was made.

Malone was sentenced to death for the Dec. 26, 2003, shooting of trooper Nik Green, who was killed after finding Malone operating a mobile methamphetamine lab in a car in Cotton County.

The Oklahoma Court of Criminal Appeals overturned Malone's sentence.

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Information from: The Lawton Constitution, http://www.swoknews.com